Naslov
Dialogue entre juges constitutionnels européens: Croatie
(Dialogue between European constitutional judges: Croatia)

Autori
Omejec, Jasna

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Traité des rapports entre ordres juridiques

Urednik/ci
Baptiste Bonnet

Izdavač
LGDJ Editions

Grad
Issy-les-Moulineaux

Godina
2016

Raspon stranica
1445-1499

ISBN
978-2-275-04042-4

Ključne riječi
dialogue ; Croatian Constitutional Court and EU law ; Croatian Constitutional Court and the European Convention on Human Rights ; Croatian Constitutional Court and other European constitutional courts

Sažetak
This work is written in the form of answers to the general questionnaire prepared by Ms Constance Grewe, judge of the Constitutional Court of Bosnia and Herzegovina and professor emeritus at the University of Strasbourg (IRCM). These are following questions: Question 1: As a constitutional judge, could you assess the impact of external law on the constitutional law of your state? ; Question 2: Would you state that the external sources of legality are part of the constitution or, at least, standards of constitutional review or only norms that the constitutional judge may take into account if he/she wishes to do so? ; Question 3: How would you view the competition of primacies between the constitution, the EU law and the law of the ECHR? Would it be important for you to distinguish between the primacy of European law or only EU law and the supremacy of constitutional law? Do you hold the constitutional norms as superior or inferior to the European law or is a difference to be made between EU law and ECHR law in this respect? ; Question 4: How would you define the constitutional identity and which would be your conception of this notion? ; Question 5: Does it apply as much to the EU as to the ECHR? ; Question 6: How would you envisage the subsidiarity of the EU/the ECHR? ; Question 7: Should the EU law have a particular status in domestic law, especially from the constitutional courts’ point of view? ; Question 8: In your opinion, is your Court lesser influenced by International law than by European law? ; Question 9: Do you think that henceforth the European constitutional courts must consider themselves as ordinary jurisdictions of European law? ; Question 10: Do you hold that in certain cases a referral by the constitutional court to the CJEU might be compulsory and wise? And what do you think about requesting an advisory opinion from the ECtHR? ; Question 11: From the CJEU’s point of view, is a constitutional court a court like the others? ; Question 12: From the ECtHR’s point of view, is a constitutional court a court like the others? ; Question 13: Could you indicate how you are using the European case law in your daily work? Do you use it frequently? What is your spontaneous reaction? ; Question 14: Within your Court, does a panel, a department or a lawyer exist that is specialized in European Law? ; Question 15: What do you think about the dialogue of judges and its functioning? What is your personal experience with this dialogue? ; Question 16: What could the Union’s accession to the ECHR change for the constitutional judge? ; Question 17: Regarding the question as to how the constitutional courts treat the relationship between legal orders, do you pay a special attention to the position taken by other European constitutional courts – and which ones? ; Question 18: What is your approach with regard to the sovereignty? How do you conceive it today? Has this notion truly changed? ; Question 19: How do you assess your legitimacy with regard to that of the European judges? ; Question 20: Is it important for your court to faithfully follow the European law and why (for symbolic reasons, in order to favour harmony between the legal systems concerned, for ensuring legal coherence or others)? ; Question 21: From the constitutional judge’s point of view, is the relationship between the European and the domestic legal orders in harmony? ; Question 22: If you had to sum up your Court’s position in respect of the EU/ECHR law in 5 lines each, what would you say? ; Question 23: Would you be ready to change your case law in order to implement a judgment of the ECtHR concerning your country, – concerning another country, – in order to implement a judgment of the CJEU? Do you feel yourself responsible for the implementation of CJEU/ECtHR judgments? ; Question 24: What would be your practice when in a concrete case you had to apply simultaneously the EU fundamental rights, the ECHR rights and your constitutional rights? The article also contains the author's introductory remarks (Brief overview of the constitutional order of the Republic of Croatia and the basic information on the accession of the Republic of Croatia to the ECHR and the EU), as well as Appendix (Excerpts from decisions of the Constitutional Court of the Republic of Croatia).

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA